How to Avoid Foreclosure By Making Important Decisions Now

It has always been an American dream to own a home. But just as many Americans have held that same dream they have also bought into the idea that being in debt is just an American way of life. And now that the economy is at an all time low the ability to hold onto that dream is becoming increasingly difficult as foreclosures in this country continue to rise. A foreclosure is the last thing that a homeowner wants to go through. To make the best of a very bad situation a homeowner who is heading toward what they think is the inevitability of foreclosure needs to go into it realizing that with some crucial information there may be hope.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Pen
• Paper(take note:name/date/what said)
• Phone
• Quiet Place & Time To Talk
• Mortgage Doc.(know your rights and obligations)

1. What exactly does foreclosure mean? That is the first question and piece of information that a struggling homeowner needs to know to begin the process of making informed decisions. A foreclosure is when a mortgage lender has the legal authority to repossess and sell a homeowners property who isn’t making their mortgage payments. For the next four to six months the lender will send notices requesting that the mortgage payments be paid to current or to come to an agreement on how to solve the matter. At the end of this time period if an agreement can not be reached the homeowner will have to move out and the house will either be auctioned off or put up for sale by the mortgage company.
   
   It is important to note that before a homeowner gets into a situation where they are ninety or more days late they should take steps to keep from getting to a point where the mortgage lender has no other choice but to begin the legal process of foreclosure. It goes without saying that a homeowner should make necessary changes to their finances that would eliminate any unnecessary bills such as cable and even telephone service for example and even sell items of value. Also it is important that if a homeowner is still having financial trouble after making all the budgetary changes possible they should contact their lender preferably within the first two months to try to work out payment arrangements. Once it gets to the ninety day point it becomes increasingly difficult(not always impossible) to work with a lender when they have begun the foreclosure process.
2. The homeowner who is only temporarily unable to pay their mortgage should call their lender to discuss a couple of possibilities. A lender could work out a repayment plan so that the homeowner could begin at a specified time to make their regular payments and a portion of the arrears until caught up. The lender could possibly give the homeowner a forbearance which would allow the mortgage to be reduced or suspended for a short period of time and then work it out to bring the balance to current by scheduling the arrears around a bonus or tax refund for example.
3. If a homeowners situation is more permanent in nature and will affect their ability to bring their mortgage to current they still should contact their lender for options before it is too late. The mortgage lender has the ability to do a partial claim. A partial claim is a interest free loan given by the mortgage guarantor which would help to catch up any moneys owed. They also have the ability to do a mortgage modification. This would allow the loan terms to be permanently changed to make the loan more affordable. They can do this by and/or changing the interest rate, adding any arrears to the existing loan, and extending the number of years of the loan.
4. Only after exhausting all other possibilities should a homeowner have no other choice but to be forced into a foreclosure situation. And as homeowners who have their future at stake it is important to make informed decisions. The laws in each state varies as to exactly what rights a homeowner has during this process and should be checked for further information. And when dealing with anything as important as a home it would be prudent to check with a lawyer in the state the home is located in to help navigate through the laws associated with mortgages and foreclosures.

Tips & Warnings

• It is important to be informed about your mortgage. To be knowledgeable about your mortgage read your documentation and making sure you understand your rights and responsibilities.
• Each State has different laws regarding mortgages and foreclosures and to fully understand your states laws you'll need to do further research
• It would be wise to seek legal counsel for further assistance.